A citizen of Arrondissement Le Plateau-Mont-Royal buys a duplex with the intention of transforming it into a single family residence. Before finalizing the transaction, he had made sure to get the permits required for this major transformation. During the work, however, his contractor removes elements of the roof and floor which were not initially planned to be demolished. This considerably increases the portion of the building that is destroyed. The project is no longer true to the Renovation permit that had been issued.
The Borough orders that the work be immediately stopped and informs the citizen that he will need to obtain a Demolition permit and a New construction permit which will require the approval of the Comité consultatif d’urbanisme (CCU). A Statement of offence of $50,000 is also issued to the citizen. Moreover, as a “new construction”, this single family residence project does not meet the regulatory requirement for all new constructions to have two dwellings. The citizen, therefore, will need to have it approved as a “particular project”. The Borough also plans to charge “park fees” of approximately $25,000 applicable to new constructions. Besides the foreseen long delays, the citizen worries about the significant additional costs that he must undertake. He contacts our office.
The unforeseen demolition work that the contractor proceeded to has indeed changed the nature of the project. The Borough’s order to cease work was, therefore reasonable and justified.
Nonetheless, the Borough recognizes the citizen’s good faith and accepts to support and guide him through his efforts to have his single family residence project authorized. The permits are finally issued and the work can resume in the summer of 2014.
The Borough also accepted our arguments regarding the inapplicability of the provisions regarding “park fees”, given the specific nature of this project. These costs (about $25,000), therefore, were not billed to the citizen.
As for the $50,000 fine, we invited the Borough to reconsider its position: this aspect of the file is unfortunately not settled.
